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Commission Regulation (EEC) No 2454/93 (repealed)Show full title
Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (repealed)
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- Revised 01/05/20160.44 MB
- Revised 08/12/201522.65 MB
- Revised 01/05/201522.74 MB
- Revised 05/12/201422.61 MB
- Revised 04/09/201422.55 MB
- Revised 01/03/201422.49 MB
- Revised 01/01/201422.51 MB
- Revised 31/01/201321.65 MB
- Revised 01/01/201320.37 MB
- Revised 01/01/201220.57 MB
- Revised 01/01/201120.39 MB
- Revised 01/07/201032.64 MB
- Revised 01/07/200932.61 MB
- Revised 01/01/200931.74 MB
- Revised 01/01/200828.48 MB
- Revised 04/03/200727.99 MB
- Revised 01/07/200612.18 MB
- Revised 01/06/200625.74 MB
- Revised 01/01/200612.18 MB
- Revised 01/05/20048.85 MB
- Revised 01/09/20037.37 MB
- Revised 01/04/200213.13 MB
- Revised 01/07/20017.49 MB
- Revised 01/07/20009.11 MB
- Revised 05/08/19999.47 MB
- Revised 01/01/19998.94 MB
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Changes over time for: Section 1
Version Superseded: 01/07/2010
Alternative versions:
- 01/01/2006- Amendment
- 01/01/2008- Amendment
- 01/01/2009
Point in time - 01/07/2010- Amendment
- 01/01/2012- Amendment
- 01/01/2013- Amendment
- 01/01/2014- Amendment
- 01/03/2014- Amendment
- 01/05/2016- Amendment
- Exit day: start of implementation period31/01/2020 11pm- Amendment
- End of implementation period31/12/2020- Amendment
Status:
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Changes to legislation:
There are currently no known outstanding effects by UK legislation for Commission Regulation (EEC) No 2454/93 (repealed),
Section 1
.
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[F1Section 1 U.K. General provisions]
[F2Article 313 U.K.
1. Subject to Article 180 of the Code and the exceptions listed in paragraph 2 of this Article, all goods in the customs territory of the Community shall be deemed to be Community goods, unless it is established that they do not have Community status.
2. The following shall not be deemed to be Community goods unless it is established in accordance with Articles 314 to 323 that they do have Community status:
[F3(a) goods brought into the customs territory of the Community in accordance with Article 37 of the Code.
Nevertheless in accordance with Article 38(5) of the Code, goods brought into the customs territory of the Community shall be deemed to be Community goods unless it is established that they do not have Community status:
[F3(a) where, if carried by air, the goods have been loaded or transhipped at an airport in the Community customs territory, for consignment to another airport in the Community customs territory, provided that they are carried under cover of a single transport document drawn up in a Member State, or
where, if carried by sea, the goods have been shipped between ports in the Community customs territory by a regular shipping service authorised in accordance with Articles 313a and 313b;]
[F4(b) goods in temporary storage or in a free zone of control type I within the meaning of Article 799 or in a free warehouse;
(c) goods placed under a suspensive procedure or in a free zone of control type II within the meaning of Article 799.]
[ F5. . . . .
F5. . . . .]
Textual Amendments
F2 Inserted by Commission Regulation (EC) No 75/98 of 12 January 1998 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.
F3 Substituted by Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance).
Textual Amendments
F2 Inserted by Commission Regulation (EC) No 75/98 of 12 January 1998 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.
F3 Substituted by Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance).
Article 313a U.K.
[F41. A regular shipping service means a regular service which carries goods in vessels that ply only between ports situated in the customs territory of the Community and may not come from, go to or call at any points outside this territory or in a free zone of control type I in the meaning of Article 799 of a port in this territory.]
2. The customs authorities may require proof that the provisions on authorized shipping services have been observed.
Where the customs authorities establish that the provisions on authorized shipping services have not been observed, they shall immediately inform all the customs authorities concerned.
Textual Amendments
Textual Amendments
Article 313b U.K.
[F31. Where a shipping company defining its service, makes an application, the customs authorities of a Member State in whose territory that company is established may, with the agreement of the other Member States concerned, authorise the establishment of a regular shipping service.
2. The application shall contain the following details:
(a) the ports concerned,
(b) the names of the vessels assigned to the regular service, and
(c) any further information required by the customs authorities, in particular the shipping service's timetable.]
3. Authorisation shall be granted only to shipping companies which:
[F3(a) are established in the Community and whose records will be available to the competent customs authorities;
(b) have not committed any serious or repeated offences in connection with the operation of a regular shipping service;]
(c) are able to satisfy the customs authorities that they operate a regular shipping service as defined in Article 313a(1); and
(d) undertake that:
(d) [F4on the routes for which authorisation is requested, no calls will be made at any port in a third country or at any free zone of control type I in the meaning of Article 799 in a port in the customs territory of the Community, and that no transhipments will be made on the high seas, and that,]
the authorisation certificate will be carried on board the vessel and presented on request to the competent customs authorities.
[F63a. Where the shipping company holds an AEO certificate referred to in point (a) or (c) of Article 14a(1), the customs authorities of the Member States concerned shall examine only whether the requirements in paragraph 3(c) and (d) of this Article are met. All other requirements set out in this Article shall be deemed to be met.]
4. When they receive an application for authorisation, the customs authorities of the Member State to whom the application has been made (the authorising authorities) shall notify the customs authorities of the other Member States in whose territories the intended ports of call of the regular shipping service are situated (the corresponding authorities).
The corresponding authorities shall acknowledge receipt of the application.
Within 60 days of receipt of such notification, the corresponding authorities shall signify their agreement or refusal. Where a Member State refuses an application, it shall state the reasons. Where no reply is received, the authorising authority shall issue an authorisation which shall be accepted by the other Member States concerned.
The authorising authorities shall issue an authorisation certificate, in one or more copies as required and conforming to the model set out in Annex 42 A, and shall inform the corresponding authorities of the other Member States concerned. Each authorisation certificate shall bear a serial number by which it can be identified. All copies of each certificate shall bear the same number.
5. Once a regular shipping service has been authorised, the shipping company concerned shall be required to use it. The shipping company shall communicate any withdrawal or change in the characteristics of the authorised service to the authorising authorities.
6. Where an authorisation is withdrawn, or a regular shipping service ceases operations, the authorising authorities shall notify the corresponding authorities of the Member States concerned. The authorising authorities shall also notify the corresponding authorities of any changes to a regular shipping service [F5, using the procedure provided for in paragraph 4] . [F7If the details required in paragraph 2(a) change, the procedure provided for in paragraph 4 shall apply.]
[F47. When a vessel of the type referred to in Article 313a(1) is forced by circumstances beyond its control to tranship at sea or temporarily put into a third-country port or a free zone of control type I in the meaning of Article 799 of a port in the customs territory of the Community, the shipping company shall immediately inform the customs authorities of the subsequent ports of call along the vessel's scheduled route.]
Textual Amendments
F4 Substituted by Commission Regulation (EC) No 993/2001 of 4 May 2001 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance).
F5 Deleted by Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance).
Textual Amendments
F4 Substituted by Commission Regulation (EC) No 993/2001 of 4 May 2001 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance).
F5 Deleted by Commission Regulation (EC) No 2787/2000 of 15 December 2000 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Text with EEA relevance).
Article 314 U.K.
1. Where goods are not deemed to be Community goods within the meaning of Article 313, their Community status may not be established [F3in accordance with Article 314c(1)] unless:
(a) they have been brought from another Member State without crossing the territory of a third country on the way; or
(b) they have been brought from another Member State through the territory of a third country, and carried under cover of a single transport document issued in a Member State; or
(c) they have been transhipped in a third country on a means of transport other than that onto which they were initially loaded and a new transport document has been issued, provided that the new document is accompanied by a copy of the original document covering carriage from the Member State of departure to the Member State of destination. In line with the requirements of administrative cooperation between Member States, the customs authorities at the customs office of destination shall carry out post-clearance checks to determine the accuracy of the information entered in the copy of the original transport document.
F52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The documents or rules referred to [F3in Article 314c(1)] shall not be used in respect of goods for which the export formalities have been completed or which have been placed under the inward processing procedure (drawback system).]
F54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Textual Amendments
[F7Article 314a U.K.
The customs administrations of the Member States shall assist one another in checking the authenticity and accuracy of the documents and verifying that the procedures used in accordance with the provisions of this Title to prove the Community status of goods have been correctly applied.]
Textual Amendments
Textual Amendments
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